United States District Court, D. Massachusetts
For Alan Clee, on behalf of himself and all others similarly situated, Plaintiff: Hillary A. Schwab, LEAD ATTORNEY, Fair Work, P.C., Boston, MA; Joseph L. Sulman, LEAD ATTORNEY, Law Office of Joseph L. Sulman, Esq., Boston, MA.
For MVM, INC., Defendant: Christopher B Kaczmarek, Littler Mendelson, Boston, MA; Jaime Novikoff, Joshua B. Waxman, Richard W. Black, PRO HAC VICE, Littler Mendelson, P.C., Washington, DC.
MEMORANDUM AND ORDER
MARK L. WOLF, UNITED STATES DISTRICT JUDGE.
Plaintiff Alan Clee filed a class action complaint in the Commonwealth of Massachusetts against his former employer, Defendant MVM, Inc. (" MVM" ). MVM contracts with the federal government to provide security at federal installations. Clee alleges that MVM failed to pay him and other security guards for the 10 to 15 minutes they were required to be at work before and after each shift in violation of the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, § 148 (the " Wage Act" ). MVM removed this case to federal court based on complete pre-emption under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (the " LMRA" ), and under the Federal Officer Removal Statute, 28 U.S.C. § 1442. MVM moved to dismiss on the grounds of complete pre-emption. Clee filed a motion to remand.
As explained below, the case was properly removed and, therefore, Clee's motion to remand is being denied. MVM's motion to dismiss is meritorious because under the Collective Bargaining Agreement (" CBA" ), Clee's Wage Act claim is arbitrable. Therefore, the case is being dismissed.
A. Facts and Procedural History
On July 3, 2013, Clee filed a class action complaint against MVM in the Suffolk County Superior Court of the Commonwealth of Massachusetts (" Compl." ). According to the Complaint, MVM is " a federal contractor of security services." ¶ 1. During the relevant time period, MVM contracted with the government to provide security at Boston's John F. Kennedy Federal Building (the " JFK Building" ), as well
as at other federal installations in Boston and around Massachusetts Id., ¶ 5.
Clee worked as a security officer for MVM between November 2001 and May 31, 2013, at the JFK Building. Id., ¶ 6-7. Clee asserts that he and his fellow employees " were required to arrive at work ten to fifteen minutes before each shift to have sufficient time to travel to the locker room, change into uniform, arm themselves, retrieve log books, and walk to their posts." Id., ¶ 8. In addition, they were required to " fill out a sign-in form" that asked for their " arrival time as well as [their] shift time." Id., ¶ ¶ 9, 11 (emphasis in original). They had to do the same at the end of their shifts, but in reverse. Id., 5510-11. MVM did not include this additional time when calculating employees' payable hours, even ...